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Today, Shanghai Yazhen Furniture officially filed a lawsuit against the Dongguan Shijie Baowei Furniture Factory, the South Jimei (view map) store, and the Meijing Business Center for infringement of the illegal profit-making of its furniture design patent production and sales to the Beijing No. 2 Intermediate People's Court. This is the first case since the official implementation of the new national patent law on October 1. In addition, the case is particularly attractive because of its claim amount of 2 million yuan, challenging the upper limit of the patent law.
In fact, the new patent law has already adjusted the upper limit of compensation from the original 500,000 yuan to 1 million yuan, but Yao Kefeng, the attorney of Shanghai Yazhen, believes that this is not enough to punish the infringement. “Despite the claim amount of 2 million yuan, the litigation fee has to be doubled, but Shanghai Yazhen finally decided to increase the litigation cost and increase the amount of the claim.â€
Gao Fei, general manager of Shanghai Yazheng Beijing Branch, told reporters: "At present, the furniture industry is counterfeiting. The decision to prosecute is not only to protect the interests of the company itself, but also to attract outside attention. Especially for the claim limit. The breakthrough is to hope to better protect the enterprise."
In fact, the current plagiarism in the furniture industry has long been an open secret. A person from a furniture association told reporters that there are about 50 or 60 companies that have design capabilities to follow the production of cottage products. Then, can patent litigation reduce the loss of enterprises and stop the chaos in the industry?
Gao Fei’s answer was “difficult†and he calculated an account for the reporter.
Taking this infringed bed as an example, the current retail price of the market is more than 20,000 yuan, while the retail price of the cottage version is 14,000 yuan. "We can sell more than 800 pieces a year." That is, this bed can bring about 16 million yuan in revenue for Yazhen. According to Gao Fei, the profit margin of the bed is about 20%. It can be imagined that almost exactly the same, and the cheap version of the cottage version can bring much benefit to the infringing enterprises.
"This is not the cost of our design, the cost of applying for furniture design patents. These are not small costs." Gao Fei said, "Even if he is paid 2 million yuan, it is estimated that they can still earn."
Xu Dazhuang, a lawyer at Jingdian Law Firm, said that the new patent law has taken a big step forward, but there is still room for improvement. The “one size fits all†claim ceiling does not meet the needs of socio-economic activities.
Xu Dasheng told reporters that the collection of evidence for patent infringement is very difficult, especially the specific evidence of the illegal gains of the infringing party is even more difficult. This is mainly because the information is all in the infringing party, and the infringer can cover and destroy it through various means. This makes it impossible for most companies to obtain compensation based on the actual amount of the loss.
Xu Dasheng suggested: "It is probably a means to solve the problem by setting the claim ceiling in different categories. In some industries, the compensation of one million yuan can make up for the loss of the enterprise and shock the infringement of counterfeiters. However, some industries, such as medical devices, The design patents for aviation products, their investment may be far more than 1 million yuan. This will increase the claim limit, at least 5 million yuan."
Shanghai sued Dongguan furniture company for infringement claims exceeding the million ceiling
A bed triggers an economic case and creates controversy over the new patent law.